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Old 03-15-2022, 06:43 PM
 
396 posts, read 434,675 times
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Hi, a continuation of a long saga...had the kitchen remodeled, horrible job, but paid the contract in FULL, nonetheless. The contractor then sends an additional bill for 15k stating he did "extra" work, to which we had never spoken about or agreed. I told him I was not paying for any extra work. Today, he says he is putting a lien on my home. Can he do this for non-contracted work (actually all the work was included in the contract, there was no extra work done)? Can contractors really just put liens on houses without any proof? Will he have to show proof of a contract before they allow him to file a lien?

Last edited by jego914; 03-15-2022 at 07:12 PM..
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Old 03-15-2022, 06:55 PM
 
Location: Johns Creek, GA
17,472 posts, read 66,002,677 times
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This is a legal matter that should be discussed with an attorney- not an open forum that will only give personal opinion, or past experience. Either of which will not directly apply to your situation.
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Old 03-15-2022, 07:00 PM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,588,476 times
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Quote:
Originally Posted by K'ledgeBldr View Post
This is a legal matter that should be discussed with an attorney- not an open forum that will only give personal opinion, or past experience. Either of which will not directly apply to your situation.
Yup.

Lawyer, sooner rather than later (i.e. tomorrow morning), and no more communication of any kind with the "contractor"
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Old 03-15-2022, 07:08 PM
 
396 posts, read 434,675 times
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thanks!
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Old 03-15-2022, 07:12 PM
 
Location: NC
9,358 posts, read 14,085,892 times
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Take the original contract and the hand written addendum to an attorney to scan over. It will cost a minimum of 225 for a brief visit. Take a bunch of cell phone photos of the subpar work in case you end up suing the contractor later. Did you sign anything? Do you have a final invoice for the whole job? Show all this to the attorney. He might help you draft a letter. Eventually you will pay the attorney 5-600ish for the advice. But an actual lien would prevent you selling the house in an emergency so I would for sure find an attorney for consultation.
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Old 03-15-2022, 07:17 PM
 
396 posts, read 434,675 times
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Quote:
Originally Posted by luv4horses View Post
Take the original contract and the hand written addendum to an attorney to scan over. It will cost a minimum of 225 for a brief visit. Take a bunch of cell phone photos of the subpar work in case you end up suing the contractor later. Did you sign anything? Do you have a final invoice for the whole job? Show all this to the attorney. He might help you draft a letter. Eventually you will pay the attorney 5-600ish for the advice. But an actual lien would prevent you selling the house in an emergency so I would for sure find one.
I only signed the original contract. The "extra" bill came as a shock to me. The whole job was all in the contract...I agreed to nothing more and it was paid in full. But, can he just put a lien on my home without any proof? I just don't understand how he thinks he is going to win in court without a contract for "extra" fees? Thanks so much for the advice. This has been a nightmare
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Old 03-15-2022, 07:21 PM
 
Location: Johns Creek, GA
17,472 posts, read 66,002,677 times
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Quote:
Originally Posted by luv4horses View Post
But an actual lien would prevent you selling the house in an emergency so I would for sure find an attorney for consultation.

This is the type of “mis-information” that can be detrimental to your pending litigation. Every state has different laws when it comes to civil matters- and criminal as well.
Just a reinforcement of what I previously stated- hire an attorney! And ask a moderator to close this thread before it gets really sideways!
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Old 03-15-2022, 08:43 PM
 
396 posts, read 434,675 times
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Quote:
Originally Posted by K'ledgeBldr View Post
This is the type of “mis-information” that can be detrimental to your pending litigation. Every state has different laws when it comes to civil matters- and criminal as well.
Just a reinforcement of what I previously stated- hire an attorney! And ask a moderator to close this thread before it gets really sideways!
Thanks and I agree, but I would never take any information on here as word...just like to hear different takes and experiences. What I am really wondering...can a contractor actually file a lien with zero proof? So, if a contractor feels angered, they can just file a lien on someone's property and make their life hell? That is disgusting.
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Old 03-15-2022, 09:13 PM
 
30,141 posts, read 11,765,050 times
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Quote:
Originally Posted by jego914 View Post
Thanks and I agree, but I would never take any information on here as word...just like to hear different takes and experiences. What I am really wondering...can a contractor actually file a lien with zero proof? So, if a contractor feels angered, they can just file a lien on someone's property and make their life hell? That is disgusting.

I am not a lawyer and not giving legal advice. But one slightly different situation. You pay the contractor in full but he fails to pay the sub contractor. The sub contractor can put a lien on your house. Scary stuff. Seems totally unfair.



Here is something to read before you see that lawyer.



https://www.houselogic.com/remodel/b...lien-on-house/
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Old 03-15-2022, 09:21 PM
 
63 posts, read 46,813 times
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Contact the state builders contractors board and also license and insurance company of the contractor. File a complaint with them all. The the contractors insurance will send a rep out and will come out and see the construction and work out a settlement . No attorney needed. I had a similar issue and this is what I did and it’s fast and reliable.
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